English Common Law

Definition

English Common Law is a legal system developed in England based on court decisions and judicial precedents rather than written statutes. This system was crucial in shaping the legal practices of English colonies, influencing colonial society and culture through its principles of justice, property rights, and individual liberties.

5 Must Know Facts For Your Next Test

1. English Common Law emerged during the late medieval period and became more standardized under King Henry II in the 12th century.
2. The doctrine of stare decisis is central to English Common Law, requiring courts to follow precedents set by higher courts, ensuring consistency and stability in legal rulings.
3. Common Law principles influenced the development of legal systems in other countries, particularly in North America, where it became foundational for American law.
4. In colonial America, English Common Law was adapted to fit local circumstances, leading to variations that reflected the unique social and political conditions of each colony.
5. Common Law addresses various areas including contracts, torts, and property law, providing a framework for resolving disputes and protecting individual rights.

Review Questions

• How did English Common Law influence the development of colonial legal systems in America?
  • English Common Law served as a foundational framework for the legal systems established in the American colonies. Colonists adopted these legal principles to govern their communities, leading to a mix of English traditions and local adaptations. This influence helped shape concepts such as property rights and due process, which became integral to American legal identity.
• What role did judicial precedent play in maintaining consistency within English Common Law?
  • Judicial precedent is a cornerstone of English Common Law that ensures lower courts follow decisions made by higher courts. This doctrine of stare decisis promotes uniformity in legal interpretations and decisions across different cases. It allows the law to evolve gradually while maintaining a stable legal environment where individuals can rely on consistent applications of justice.
• Evaluate the impact of English Common Law on modern democratic principles and individual rights.
  • The principles rooted in English Common Law significantly influenced modern democratic frameworks, especially concerning individual rights and liberties. Concepts such as trial by jury, due process, and protection against arbitrary government actions stem from these common law traditions. As these ideas were integrated into various constitutions around the world, they contributed to the establishment of democratic societies that value justice, equality before the law, and individual freedoms.

Related terms

Judicial Precedent: A legal principle established by the outcome of former court cases, which lower courts must follow when deciding similar cases.

Magna Carta: A historic document signed in 1215 that limited the powers of the king and laid the groundwork for modern legal principles, including due process.

Statutory Law: Laws enacted by a legislative body, as opposed to common law, which is derived from judicial decisions.